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2026 Supreme(Online)(Pat) 5699

PATNA HIGH COURT
Intajar Dewan
Cr.Misc.-1184/2026



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1184 of 2026 Arising Out of PS. Case No.-560 Year-2025 Thana- TURKAULIYA District- East Champaran ======================================================

1. Intajar Dewan S/o Moharram Dewan R/o Vill- Chhapra Bahas, PS- Sugauli, Distt- East Champaran

2. Rupesh Kumar S/o Vinod Sahani R/o Vill- Mehwa, PS- Sugauli, Distt- East Champaran

3. Rajnish Kumar S/o Late Bhulan Sah R/o Vill- Chhapra Bahas, PS- Sugauli, Distt- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.

For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

2 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Turkauliya PS Case No. 560 of 2025 instituted for the offences under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act and Sections 274, 275, 34 of the BNS.

3. The prosecution case, in short, is that 300 liters of country made liquor was recovered from three motorcycles.

4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioner have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners submit that the petitioners are not the owner of the said motorcycles and have been implicated in this case by the police with ulterior motive. The petitioners are in custody since 27.11.2025 and have got no criminal antecedent.

There is no compliance of Section 103 of the BNSS, 2023. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya PS Case No. 560 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the (Rudra Prakash Mishra, J)

Siddharth Soni/-

U T

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